Court of Appeals of Oregon· 1/3/2019
State v. Nye
Citations
- 435 P.3d 805
- 295 Or. App. 559
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that the officer “did not testify to the shape or size of the bulges to suggest why [the] defendant’s pockets were more likely to contain weap- ons than other common objects such as a wallet or keys”
- explaining that the officer “did not testify to the shape or size of the bulges to suggest why [the] defendant’s pockets were more likely to contain weap- ons than other common objects such as a wallet or keys”
- describing prior case law as requiring furtive movements to be coupled with other alarming conduct— such as disobedience of a police instruction, reluctance to comply, or conduct inconsistent with police inquiry—for the officer-safety exception to apply
- describing prior case law as requiring furtive move- ments to be coupled with other alarming conduct—such as disobedience of a police instruction, reluctance to comply, or conduct inconsistent with police inquiry—for the officer- safety exception to apply
- “[A] suspect’s furtive movements and nervousness, without more, do not support an inference of likely violence.”
- “[A] suspect’s furtive movements and nervousness, without more, do not support an inference of likely violence.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Garrett, Tempore
Read full opinion on CourtListenerCited by
4 cases in this archive cite this case.
Cites
14 cases in this archive are cited by this case.
- Peeples v. LampertOregon Supreme Court· 2008-08-14· cited 389×
- State v. BatesOregon Supreme Court· 1987-12-22· cited 243×
- State v. RobertsCourt of Appeals of Oregon· 2018-04-04· cited 29×
- State v. Rodriguez-PerezCourt of Appeals of Oregon· 2014-04-09· cited 29×
- State v. JacksonCourt of Appeals of Oregon· 2003-10-22· cited 25×
- State v. RudderOregon Supreme Court· 2009-09-17· cited 22×
- State v. SennCourt of Appeals of Oregon· 1996-12-31· cited 19×
- State v. SmithCourt of Appeals of Oregon· 2016-04-06· cited 17×
- State v. ParnellKlamath County Circuit Court, Oregon· 2016-05-11· cited 16×
- State v. PetersonCourt of Appeals of Oregon· 1996-09-18· cited 15×
- State v. DavisCourt of Appeals of Oregon· 2016-12-07· cited 14×
- State v. RegnierCourt of Appeals of Oregon· 2009-07-15· cited 13×
- State v. MusalfCourt of Appeals of Oregon· 2016-08-03· cited 8×
- State v. LeeCourt of Appeals of Oregon· 2014-07-23· cited 4×
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.